Luo v Zhai (No 3) [2015] FCA 5

Luo v Zhai (No 3) [2015] FCA 5

The Court granted leave for the applicant to commence proceedings in the United Kingdom for a freezing order against third parties, applying the principles in Dadourian Group International Inc v Simms. The judge was satisfied that the grant of leave was just and convenient for protecting the Court’s jurisdiction, evidence of dissipation existed, and any prejudice to the third parties was outweighed by prejudice to the applicant if leave were refused.

Jurisdiction
Australia
Judgment Date
09 January 2015
Procedural Posture
Application / Post Trial, Interlocutory Application for Leave
Outcome
Leave granted to applicant to seek freezing orders in the United Kingdom.
Legal Topics
['freezing Orders' 'leave to Commence Proceedings in Foreign Jurisdiction' 'undertakings' 'applications for Injunctions']
['practice and Procedure'] ['freezing Orders' 'leave to Commence Proceedings in Foreign Jurisdiction' 'undertakings' 'applications for Injunctions']

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Procedural Posture

Application / Post Trial, Interlocutory Application for Leave

Legal Issues

  1. 1 ["Whether the applicant should be granted leave to commence proceedings in the United Kingdom seeking freezing orders against third parties pursuant to an undertaking not to do so without the Court's leave" 'Whether the Court should release the applicant from his undertaking to not seek similar orders overseas']

Ratio Decidendi

The Court granted leave for the applicant to commence proceedings in the United Kingdom for a freezing order against third parties, applying the principles in Dadourian Group International Inc v Simms. The judge was satisfied that the grant of leave was just and convenient for protecting the Court’s jurisdiction, evidence of dissipation existed, and any prejudice to the third parties was outweighed by prejudice to the applicant if leave were refused.

Court Disposition

Leave granted to applicant to seek freezing orders in the United Kingdom.

Orders

  • ['Leave be granted to the applicant to seek in the United Kingdom a freezing order against the first respondent, Mr Dongsheng Li and Ms Susie Li to the extent that leave is necessary.' 'Costs be reserved.']